HUNKE v. FOOTE

No. 9061.

373 P.2d 322 (1962)

Donald HUNKE, Robert L. Drexler and Derald Wright, Plaintiffs and Respondents, v. Donald FOOTE, Karl Page, Phillip Leahy and Alex Creek, Councilmen of the City of Idaho Falls, Idaho, W. J. O'Bryant, Mayor of the City of Idaho Falls, Idaho, Defendants and Appellants.

Supreme Court of Idaho.

July 11, 1962.


Attorney(s) appearing for the Case

George Barnard, Idaho Falls, for appellants.

Eugene Bush, Idaho Falls, for respondents.


KNUDSON, Justice.

This appeal is from a decision of the district court granting a peremptory writ of mandamus requiring appellants (defendants) as administrative officers, mayor and councilmen of the city of Idaho Falls (hereinafter referred to as City) to remove an electrical substation from an area zoned by the city ordinance as residential. Respondents (plaintiffs) are residents of and taxpayers in the immediate vicinity...

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